Domestic Abuse Information
Iowa's domestic abuse law is defined in Chapter 236 of the
Iowa Code. When the Sheriff's Department responds to a domestic abuse
situation, the officer will attempt to identify the primary physical
aggressor. Arrests are made after consideration of injuries, threats
made, history of the persons involved, and circumstances of the
incident. Iowa law mandates that police make arrests under certain
circumstances.
VICTIM RIGHTS INFORMATION
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Definition of Domestic Abuse Under Iowa Law (236.2)
236.2 DEFINITIONS. For purposes of this chapter, unless a different
meaning is clearly indicated by the context:
1. "Department" means the department of justice.
2. "Domestic abuse" means committing assault as defined in section
708.1 under any of the following circumstances:
a. The assault is between family or
household members who resided together at the time of the assault.
b. The assault is between separated
spouses or persons divorced from each other and not residing
together at the time of the
assault.
c. The assault is between persons
who are parents of the same minor child, regardless of whether they
have been married or have lived
together at any time.
d. The assault is between persons
who have been family or household members residing together within
the past year and are not residing
together at the time of the assault.
e. (1) The assault is between
persons who are in an intimate relationship or have been in an intimate
relationship and have had contact
within the past year of the assault. In determining whether
persons are or have been in an
intimate relationship, the court may consider the following
nonexclusive list of factors:
(a) The duration of the
relationship.
(b) The frequency of
interaction.
(c) Whether the
relationship has been terminated.
(d) The nature of the
relationship, characterized by either party's expectation of sexual or
romantic
involvement.
(2) A person may be involved in an
intimate relationship with more than one person at a time.
3. "Emergency shelter services" include but are not limited to secure
crisis shelters or housing for victims
of domestic abuse.
4. a. "Family or household members" means spouses, persons cohabiting,
parents, or other persons related
by consanguinity or affinity.
b. "Family or household members"
does not include children under age eighteen of persons listed in
paragraph "a".
5. "Intimate relationship" means a significant romantic involvement
that need not include sexual
involvement. An intimate
relationship does not include casual social relationships or
associations in a
business or professional capacity.
6. "Plaintiff" includes a person filing an action on behalf of an
unemancipated minor.
7. "Pro se" means a person proceeding on the person's own behalf
without legal representation.
8. "Support services" include but are not limited to legal services,
counseling services, transportation
services, child care services, and
advocacy services.
